States propose legislation to tax, phase out leaded avgas

The fight against the use of leaded fuel continues as lawmakers in Colorado and California are proposing legislation to tax or phase out leaded aviation gas. California On Feb. 16 California Senator Caroline Menjivar introduced Senate Bill 1193 to ban the sale of harmful leaded airplane fuel in the state. The bill will ban the sale of leaded aviation fuel in disadvantaged communities by Jan. 1, 2026; ban the sale of leaded avgas in urban growth areas by Jan. 1, 2028; ban the sale of leaded fuel in the rest of the state by Jan. 1, 2030; and instruct the DOT to publish guidance for airport operators to minimize the environmental and public health impacts of lead exposure. "When I ran for office, one of my main promises to my community was to fight for cleaner air," Sen. Menjivar said. "To hold accountable the polluters who disregard the impacts of their actions in predominantly communities of color, and to push for policy that decreases the amount of pollution statewide." Menjivar referenced a 2021 study that found that children living less than one mile from an airport had 21 percent higher levels of lead in their blood compared to children living farther away. In addition, when airports are in lower-income neighborhoods with higher populations of people of color the emissions are compounded with other environmental hazards found in the area. In Senate District 20 there are three airports and Van Nuys Airport (VNY) ranks number seven among the highest reported lead emissions in the country. Menjivar held a press conference to announce the bill outside of the Whiteman Airport in Pacoima, with an estimated 37 daycares and schools within one-and-a-half miles of its perimeter. "A leaded aviation fuel ban is an essential step forward in safeguarding public health and protecting our children from the harmful effects of lead exposure," said Fatima Iqbal-Zubair, the legislative affairs manager for California Environmental Voters. "There is no safe level of exposure to lead and avgas poses a significant risk with irreversible health consequences. By banning the sale of this hazardous aviation fuel and implementing mitigation measures, we're prioritizing the well-being of our communities, especially those already overburdened by environmental hazards. It's beyond time to ensure that every child has the opportunity to grow up in a safe and healthy environment."RELATED STORIES:Airports, communities continue to battle over leaded avgas use as G100UL sale nearsCalifornia county continues fight against sale of leaded avgas, opposes mandate in FAA Reauthorization billFrom 100LL to G100UL: What comes next for avgasFBOs challenge Santa Clara County's move to ban 100LL AvgasSanta Clara County bans 100LL fuel, citing elevated lead levels in local kids California has seen numerous communities around the state making moves against the GA community and the use of leaded fuel. A decade-old ruling may prevent FBOs in California from selling leaded aviation fuel. The ruling would impose fines for airports operating in the region, order airports to issue warnings over the dangers of leaded avgas, sell avgas with the lowest lead content and once an unleaded alternative is commercially viable complete the transition. A letter was sent to a California FBO in December, ordering them to comply with the court ruling and begin distributing the unleaded G100UL on or before March 1, 2024. Many oppose the order, worrying about the insufficient supply and infrastructure to sell the fuel on a commercial scale. Counties like Santa Clara oppose an inclusion in the FAA Reauthorization bill that mandates the continued sale of leaded fuel at airports, wishing instead to uphold a 2022 ban. Santa Clara, south of San Francisco and with cities like San Jose and Palo Alto, banned the sale of leaded avgas after a study showing elevated levels of lead in children living near airports. The county banned the fuel at the Reid-Hillview Airport (RHV) and the San Martin Airport (E16) as of Jan. 1, 2022. Groups like the AOPA fought back, stating that the county violated federal rules and regulations with the prohibition of the sale of 100LL. To receive federal Airport Improvement Program funding, the airport must agree to certain regulations and the FAA launched an investigation into alleged grant violations which was suspended when the county agreed to partake in a study of transitioning airports to unleaded fuel. Colorado In Colorado, lawmakers are pushing for the passage of the Reduce Aviation Impacts on Communities to phase out the sale of leaded avgas, create a state income tax credit for aircraft owners certifying leaded avgas-powered planes to use unleaded fuel, expand the number of aeronautical board members, enforce an effective noise mitigation plan, and provisions over where and how airport funding is spent. The bill was introduced on Feb, 12 with prime sponsors Representative Kyle Brown, Representative Shannon Bird, Senator Steve Fenberg and Senator Rachel Zenzinger. The legislation will penalize airports that do not adhere to plans to phase out leaded avgas sales by Jan. 1, 2026. The 2026 deadline, imposed by the legislation in both Colorado and California, is four years ahead of the widely accepted general aviation leaded fuel elimination deadline of 2030. According to the AOPA, a series of tests recently performed around the Rocky Mountain Metropolitan Airport (BJC) did not detect lead in any of the air or surface sampling locations chosen by the towns, other than the one surface contamination sample obtained at a historic structure believed to be painted with lead paint. The Colorado Aviation Business Association and the Colorado Pilots Association released a joint statement about the findings, reaffirming the industry's commitment to replacing leaded aviation gas by 2030.RELATED STORIES:400 homeowners sue county over airport operations, seek compensationColorado airport accelerates transitions to unleaded fuelEPA determines leaded fuel endangers public health, aviation coalition responds "Colorado's aviation community is pleased with the finding of studies commissioned by our neighbors that confirmed that our communities are not being contaminated with lead," the joint statement said. "While we are puzzled as to why these three municipalities have not publicized these results, the findings themselves are unsurprising and confirm what several others around the country have found. It is worth noting that according to the National Energy Administration, the amount of aviation gasoline (avgas) sales in Colorado over one year equates to 12 hours' worth of automobile fuel." The groups note that the entire aviation community is dedicated to working with manufacturers on producing safe, commercially viable unleaded alternative fuel options by the end of 2030 or sooner. Low-leaded fuel is required in some piston-engine aircraft and without it, can result in catastrophic engine failure. For those operating planes that do not have a viable fuel alternative, having a low lead option is crucial. Some of the aircraft relying on leaded fuel are performing important missions like search and rescue, disaster relief, agricultural support, law enforcement and medical transport. Removing access to leaded fuel will revoke the ability to fly for many pilots and operators, leaving many without a safe and certified fuel option to use in their planes. Planes can connect many communities with access to transportation, medical services and resources and revoking leaded fuel access before an alternative is commercially viable has many aviation groups voicing opposition./pandgt; BJC announced in October it would be accelerating its timeline to transition to unleaded fuel, three years ahead of the FAA deadline. The goal was to become the first airport in Colorado to eliminate leaded fuels. As one of the fastest-growing airports in the region, RMMA began the process of transitioning to UL94 unleaded avgas, compatible with two-thirds of its fleet. The airport purchased a new fuel truck and tank for the transport and storage of unleaded fuel, expecting the transition to be completed in 2024. This was one month after a second lead study which found that lead levels were below detectable limits at 13 of the 14 sample sites, with the 14th site having lead-based paint, according to the statement from the CABA and CPA. Communities vs. Airports Communities surrounding many general aviation airports in the country have taken a stance against the use of leaded fuel and noise from airport operations. Leaded gasoline for cars was phased out just 30 years ago, and in paint over 40 years ago. The work to remove lead from aviation gasoline is more recent but requires the same patience to complete a safe transition from leaded to unleaded fuel. The EPA released its final determination in October 2023 that lead emissions from aircraft cause or contribute to air pollution that may be endangering public health and welfare under the Clean Air Act. The EPA and aviation groups like the FAA and AOPA have been working extensively on research and initiatives to find a safe alternative for all aircraft. Currently, aircraft have to apply for a Supplemental Type Certificate to be able to use unleaded fuel on many older piston models, but some cannot use any available alternative at all. The industry is in agreement that lead should be removed from fuel but continues to stress the importance of waiting until the 2030 deadline to ensure there is adequate infrastructure to sell the unleaded fuel at a commercial scale nationwide, enough available fuel to sell and fuel available to all aircraft.